ARJUN SINGH Vs. RAJBIR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 2.9.2000 passed by the Motor Accident Claims Tribunal, Chandigarh (herein referred as 'the Tribunal') dismissing the claim petition filed by the claimants- appellants (herein referred as 'the claimant') for seeking compensation qua the death of Gurmukh Singh, aged about 22 years in a motor vehicular accident.

(2.) VERSION of the claimants is that their unmarried son namely Gurmukh Singh had gone to Jaipur (Ajmer) while taking the tractor. On 31.7.1992, at about 1.00 a.m. he reached near the village Atela, in the meantime, a bus bearing registration No. HY-12-8601, driven by the respondent No. 1 rashly and negligently struck against the tractor (Swaraz). Gurmukh Singh fell down and ultimately succumbed to his injuries. Balwinder Singh, who was on the tractor attached with the tractor of Gurmukh Singh, reported the matter to the police vide FIR No. 297 dated 31.7.1992 in Police Station Shahpur, District Jaipur. The dead body after postmortem examination was brought to his home town. The deceased was earning Rs. 6000/- per month. The claimants being parents has sought compensation on account of untimely death of Gurmukh Singh.

(3.) THE respondent No. 2 in his written statement has admitted that the bus in question was of Haryana Roadways. However, it was submitted that the accident had taken place on account of rash and negligent driving by the driver of the tractor of the deceased.